Howe v. Hyer Bros.

Citations

• 36 Fla. 12

Syllabus

<p>1. Where the cap>tain of a vessel belonging to the defendant had left with the garnishee a sum of money to be remitted to the defendant, who resided in a foreign country, and defendant and garnishee in correspondence both recognized the money as belonging to the defendant, and the garnishee would have remitted the money to the defendant, but for inability to obtain a bill of exchange to advantage before a writ of garnishment was served upon him, the evidence is sufficient to show the ownership of the defendant in such sum of money.</p> <p>2. Where money is deposited with the garnishee to be remitted to the defendant, and it is contemplated by the guarnishee and the person making such deposit that the money shall not be preserved in specie, or remitted unchanged in form to the defendant, but that it should be invested in a bill of exchange for convenience of transmission, the garnishee is not in possession of specific chattels belonging to the defendant, and can set off against the garnishment a debt due by the defendant to him, the garnishee.</p> <p>8. A garnishee is not by the service of the writ to be placed in any worse condition than if the defendant, his creditor, had brought suit upon the claim which is garnisheed. As to the garnishee, the plaintiffs take the shoes of the defendant, and can assert only the rights of the latter. The rule is, that while the garnishee may not, after the service of the writ, by his own action acquire set offs or counter claims against the XDi'incipal debtor to the prejudice of the attaching creditor, he may properly avail himself of all claims fairly arising out of contract with the principal debtor which were in existence when the attachment commenced, and under or out of which his claim against the principal debtor arises.</p> <p>4. If a defense of set off against a principal debtor claimed by a-garnishee is such as would be allowed; against such principal* debtor, it should be allowed against the garnisheeing creditor.</p> <